TMI Blog1997 (4) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... llant. None, for the Respondent. [Order per : Shiben K. Dhar, Member (T)]. This Revenue Appeal is directed against the Order-in-Appeal dated 23-5-1990 of Collector (Appeals). 2. The Respondents imported one Super Vacuum Packing machine and sought exemption under Notification No. 70/81. This exemption was denied to them by the Assistant Collector on the ground that the practice is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeared on behalf of the Respondents. Ld. DR reiterates the departmental arguments. 4. We have heard ld. DR and perused the records. Notification 70/81 exempts scientific and technical instruments imported by Research Institutions from whole of duty of customs subject to the condition : (i) a duly authorised officer of the Directorate General of Technical Development certifies in each case t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n regard to this certificate. Ordinarily it is not open to the Customs authorities to question the certificate issued by an officer notified in the Notification granting such exemption. Once the notified officer certifies that the institution is research institution and is not engaged in commercial activity that ought to have been enough to accept the claim. Merely because some fee is charged for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ector that the impugned goods are not scientific and technical instrument without any reason in support of his statement is not sustainable. Again we do not find any justification in making distinction between Public Funded Research Institution and Private Research Institutions. The Notification does not create any such distinction nor it can be argued that the private Research Organisation is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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